Thursday

Sep 27, 2007 at 12:01 AMSep 27, 2007 at 6:27 AM

Farmers, loggers, truckers and others may face fines of up to $32,500 per day per violation if they do not meet new national standards for the sulfur content of their off-road diesel fuel. The Environmental Protection Agency regulations will be enacted on October 1.

Farmers, loggers, truckers and others may face fines of up to $32,500 per day per violation if they do not meet new national standards for the sulfur content of their off-road diesel fuel. The Environmental Protection Agency regulations will be enacted on October 1.

As part of a nationwide reduction of sulfur in fuel, anyone with storage tanks larger than 550 gallons have until Monday to make sure the diesel fuel in their tanks contains 500 parts per million (ppm) or less of sulfur. The current high-sulfur diesel in those off-road tanks may contain from 2,000 to 5,000 ppm sulfur. Anyone with tanks of less than 550 gallons of capacity have until December 1 to achieve compliance.

In either case, compliance means that the fuel in the tank must be 500 ppm or less. The low-sulfur diesel, also called non-road locomotive marine, or NRLM, is 500 ppm or less, which is the new requirement for off-road fuel, according to requirements passed by Congress in 2005.

“This is going to impact a lot of people,” John Mesick of the Dolgeville-based Mesick Oil and Mechanical said. “This is change is going to result in higher costs for everyone, and to make matters worse, many cannot afford to make the necessary changes to reach compliance.”

Mesick said his company was one of the lucky ones, as they had the money available to purchase a separate tank for the low-sulfur fuel and a new truck to haul it. “Some fuel companies simply do not have the funds to purchase the equipment needed,” he said. “We have been trying to educate our customers, but a lot of people still do not know about the change and many do not realize the fines could be substantial.”

Mesick said many fuel providers have started switching customers to the low-sulfur diesel to allow fuel turnover in their tanks to bring them into compliance. He added that the diesel comes with a higher price tag, which has caused a hardship for some.

“This is another unfunded regulation passed down by the government,” Mesick said. “Not everyone can afford to pay for a new storage tank or a new truck to haul the fuel, and not everyone can afford to purchase the fuel for their equipment. This is going to hurt people.”

The new regulations cover a broad range of non-road diesel fuel uses. Stationary engines built or modified after April 1, 2006, are required to have low-sulfur dyed diesel fuel in their tanks after October 1. High-sulfur fuel (now referred to as heating oil) may continue to be used in older stationary engines installed prior to April 1, 2006. Stationary engines include generators used to create electricity and operate compressors and pumps, including stationary but portable engines used in emergencies. Truck refrigeration units are also required to use low-sulfur diesel after Monday. Pure biodiesel, which is virtually sulfur-free, is considered a compliant fuel under the regulations. However, since most biodiesel is blended with petroleum diesel, those who use biodiesel blends should check with their fuel provider to be sure that the stock is below the 500 ppm limit.

Also under the federal law, dispensers on fixed or skid tanks with a capacity of 550 gallons or greater must be labeled with special decals indicating the sulfur content. The decals must be placed near the dispenser mechanisms. EPA-approved labels are available from fuel distributors.

The sulfur reductions, according to the EPA, are expected to reduce air pollution and improve public health. Further reductions are set for phase-in on June 1, 2010, when the sulfur content for non-road diesel is reduced to a maximum of 15 ppm, the current requirement for on-road diesel.

Anyone seeking further information about the new sulfur regulations should consult a fuel provider.

“My fellow fuel providers and I are trying to get the word out about this change, as many still do not know the change is about to take place,” Mesick said. “We want everyone to be in compliance so they can avoid the hefty fines. The changeover is enough of an expense.”